PHILLIPS v. ARIZONA BD. OF REGENTS

No. 1 CA-CIV 3445.

124 Ariz. 4 (1978)

601 P.2d 608

Jonathan and Judy PHILLIPS, husband and wife, Appellants, v. ARIZONA BOARD OF REGENTS, Appellee.

Court of Appeals of Arizona, Division 1, Department B.

Rehearing Denied December 20, 1978.

Review Granted January 16, 1979.


Attorney(s) appearing for the Case

Robert L. Miller and Daniel L. Jackson, Tuba City, for appellants,

Favour & Quail by Keith F. Quail, Prescott, James B. Feeley, Ronald N. Rovey, for appellee.


OPINION

EUBANK, Judge.

This appeal involves the res judicata effect of the involuntary dismissal of appellants' complaint, pursuant to Rule 41(b), Rules of Civil Procedure, 16 A.R.S., infra, when no appeal was taken from the order of dismissal, and where, subsequent to the dismissal, a new complaint was filed involving the same event or occurrence and the same appellee.

In July 1975 appellants filed a complaint in Cause No. C-29366 against...

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